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Sanabria Vs. United States

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  • US Supreme Court
  • Jun 14, 1978

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61 entries 5 linked 56 unlinked
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  1. United States Vs. Jorn US Supreme Court · Jan 25, 1971
  2. United States Vs. Goldman US Supreme Court · May 14, 1928
  3. United States Vs. Ball US Supreme Court · May 25, 1896
  4. United States Vs. Jenkins US Supreme Court · Feb 25, 1975
  5. United States Vs. Dinitz US Supreme Court · Mar 08, 1976
    Relied / Followed
  6. Sanabria v. United
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  7. States - 437 U.S. 54 (1978) U.S. Supreme Court Sanabria v. United
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  8. States, 437 U.S. 54 (1978) Sanabria v. United
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  9. might be, there is no exception to the constitutional rule forbidding successive trials for the same offense. Fong Foo v. United
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  10. numbers evidence was erroneously excluded, the judgment of acquittal produced thereby is final and unreviewable. Lee v. United
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  11. Jeffers v. United
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  12. after a prosecution is terminated by a defendant's request for a mistrial. Id. at 7-8, citing United States v. Dinitz
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  13. We now reverse. Page 437 U. S. 63 II In United States v. Wilson
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  14. United States v. Martin
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  15. Linen Supply Co., 430 U. S. 564 , 430 U. S. 571 (1977), quoting United States v. Ball
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  16. Fong Foo v. United
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  17. Green v. United
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  18. actually happened, not from what a party might have done from the vantage of hindsight. See Central Tablet Mfg. Co. v. United
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  19. Cochran v. United
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  20. States, 157 U. S. 286 , 157 U. S. 290 (1895), quoted with approval in Russell v. United
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  21. Hagner v. United
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  22. exalted over substance in determining the double jeopardy consequences of a ruling terminating a prosecution, Serfass v. United
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  23. neither is it appropriate entirely to ignore the form of order entered by the trial court, see United States v. Barber
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  24. acquittal on the single count charged. No language in the indictment was ordered to be stricken, compare United States v. Alberti
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  25. Here, the District Court did not find that the count failed to charge a necessary element of the offense, cf. Lee v. United
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  26. prosecution on any aspect of the count, and hence bars appellate review of the trial court's error. United States v. Martin
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  27. Green v. United
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  28. Few, if any, limitations are imposed by the Double Jeopardy Clause on the legislative power to define offenses. Brown v. Ohio
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  29. United States v. Universal
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  30. Bell v. United
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  31. Braverman v. United
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  32. acts of gambling as independent federal offenses. See H.R.Rep. No. 91-1549, p. 53 (1970). See also Iannelli v. United
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  33. Lee v. United
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  34. States, 432 U.S. at 432 U. S. 30 n. 8, quoting United States v. Martin
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  35. Brown v. Ohio
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  36. is quite similar to an unsuccessful argument that it presented in Braverman v. United
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  37. the legal rulings leading to that judgment might be. The Government nevertheless argues, relying principally on Lee v. United
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  38. States, 432 U. S. 23 (1977), and Jeffers v. United
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  39. Court of Appeals that this case does not present the hypothetical situation on which we reserved judgment in Serfass v. United
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  40. from defense motions -- that lead to the termination of a criminal trial in the defendant's favor. See United States v. Wilson
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  41. to an acquittal would undercut the adversary assumption on which our system of criminal justice rests, see Jeffers v. United
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  42. court's rulings here led to an erroneous resolution in the defendant's favor on the merits of the charge. As Fong Foo v. United
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  43. Commonwealth v. Boyle
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  44. ruling excluding evidence occurred after the defendant had been put in jeopardy and before verdict. Cf. United States v. Morrison
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  45. was filed one day out of time. The time requirement of this Court's Rule 22 (2) is not jurisdictional, Schacht v. United
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  46. Id. at 420 U. S. 370 . See Lee v. United
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  47. U.S. Supreme Court Sanabria v. United
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  48. II In United States v. Wilson
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  49. See Central Tablet Mfg. Co. v. United
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  50. Russell v. United
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